Free Order - District Court of California - California

Case 3:07-cr-00325-PJH

Document 92

Filed 05/05/2008

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JOSEPH RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7000 Attorneys for United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA, Plaintiff, v. DIANA LU a/k/a Diana Jing Jing Hojsak, a/k/a Jing Jing Lu, a/k/a Diana Hojsak, Defendant.

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No. CR-07-0325-PJH STIPULATION TO WAIVE PROTECTIVE ORDER

The parties agree, subject to the Court's approval, as follows: 1. On or about June 2006, a Stipulated Protective Order was entered in Allied Telecom International, Inc. v. Yangtze Optical Fibre and Cable Co., Ltd, Case No. 321064 (Superior Ct. for San Francisco, Calif.). A copy of the Stipulated Protective Order is attached as Exhibit A. 2. The parties in this case agree that they may not rely on the Stipulated Protective Order to bar any witnesses from Yangtze Optical Fibre and Cable Co., Ltd. from complying with the trial subpoena served upon them to appear as a witness and testify at the criminal trial in this matter. 3. The parties further agree that the Stipulated Protective Order shall not bar any evidence or documents in state court action from being used in this criminal case.

Case 3:07-cr-00325-PJH

Document 92

Filed 05/05/2008

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4. The parties to the protective order agree that the use of evidence in this case under this stipulation may not be construed as a violation of the Stipulated Protective Order. IT IS SO STIPULATED: JOSEPH RUSSONIELLO United States Attorney

DATED: April 18, 2008

/s/ CYNTHIA L.STIER Assistant United States Attorney Attorneys for the United States

DATED: April 30, 2008

/s/ CHRISTOPHER CANNON Counsel for Defendant

DATED: May 1, 2008

/s/ SAM DAEWOOD Counsel for YOFC ORDER

PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED: The parties in this case may not rely on the Stipulated Protective Order to bar any

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US v. Hojsak, No. C-07-0325-PJH Stipulation to W aive Protective Order and [Proposed] Order

witnesses from Yangtze Optical Fibre and Cable Co., Ltd. from complying with the trial subpoena served upon them to appear as a witness and testify at the criminal trial in this matter. The Stipulated Protective Order shall not bar any evidence or documents in state court action from being used in this criminal case. // //

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Case 3:07-cr-00325-PJH

Document 92

Filed 05/05/2008

Page 3 of 3

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The parties to the Stipulated Protective Order agree that the use of evidence in this case under this stipulation may not be construed as a violation of the Stipulated Protective Order.

Dated: 5/5/08

S DISTRICT TE C TA __________________________________

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HONORABLE PHYLLIS J. HAMILTON D UNITED STATES DISTRICT JUDGE RDERE
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US v. Hojsak, No. C-07-0325-PJH Stipulation to W aive Protective Order and [Proposed] Order

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